Resignations

Recoup training costs, but beware doing so with last paycheck

07/18/2008

Employers can and should get applicants and employees to agree to pay back training costs if they depart before the company gets fair value. But collecting the money can be tricky. You can’t, for example, withhold the money out of a final paycheck if that move takes the employee’s hourly wage below the minimum allowed by law …

Assistant sues judge for age, disability discrimination

07/14/2008

Barbara Tomlinson, a former judicial assistant, has filed an age and disability discrimination charge against Hillsborough County Judge Joelle Ann Ober. Tomlinson worked for Ober for 11 years before quitting in February …

When former employees compete: Getting noncompetes right

07/09/2008

Good employees, especially those in sales or professional services positions, can quickly turn into enemies when they quit. Employers frequently require those employees to sign employment agreements containing noncompete and nonsolicitation restrictions when they start work. However, Illinois courts generally do not favor these kinds of restrictions and will look at them very closely. In fact, our courts are quite likely to rule in favor of employees …

Kansas Court of Appeals enforces covenant not to compete against physician

07/09/2008

In a case that’s good news for Kansas employers, the Kansas Court of Appeals reversed a lower court involving a restrictive covenant. The appeals court found that the noncompete agreement’s three-year term and liquidated damages provisions were enforceable.

Employee should have given firm a chance to stop harassment

07/08/2008

Preston Kelley began working for Taher Acquisition Corp. in October 2006. Approximately three months later, Kelley’s supervisor, Mark Good, kicked him in the buttocks, laughed and blew kisses at him. Kelley reported the incident to the company’s operations manager …

Warn supervisors: Over-the-Top, irrational behavior may mean personal liability

07/07/2008

Do you have a problem supervisor or manager who acts like a Marine Corps drill sergeant? While it may not be technically illegal to berate and yell at subordinates, abusive bosses sometimes cross a dangerous legal line—the one that marks the boundary of behavior that constitutes intentional infliction of emotional distress …

‘Offering’ chance to quit may still be constructive discharge

07/01/2008

Employers commonly give employees a chance to resign rather than be fired. And employers often believe that as long as they get employees’ signatures on the “voluntary” resignation letters, they’re in the clear. That’s simply not true …

Be prepared to justify bonuses based on work performance

07/01/2008

It seems inevitable. Anytime you award variable bonuses to some employees, there’s apt to be some grumbling from those who got less or nothing at all. But if you make sure to base bonus calculations on reasonable and legitimate business reasons, that grumbling won’t turn into a lawsuit you lose …

Job satisfaction continues upward trend

06/24/2008

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Little things can add up to discrimination and harassment

06/10/2008

Do your managers and supervisors understand that ostracizing an employee can backfire? Do they make diligent efforts to train everyone equally and include everyone in work-related social events? If not, it’s time to remind them …